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59 FLRA No. 50
Patent Office Professional Association And United States Department of Commerce United States Patent and Trademark Office Arlington, Virginia 0-NG-2613 September 30, 2003
This case concerned the negotiability of 12 provisions of a locally bargained agreement concerning ethics matters that was disapproved under § 7114(c) of the Statute on Agency-head review. The Authority rejected the Union's threshold claim that the provisions were not validly disapproved under § 7114(c) of the Statute. On the merits, the Authority found that Provisions 1-3 and 5-12 were outside the duty to bargain.
Provision 4 was found to be within the duty to bargain and the Agency was ordered to rescind its disapproval of the provision. With regard to Provisions 1-3, the Authority found that they were inconsistent with § 2634.903(d), 28 U.S.C. § 535(b), 5 C.F.R. §§ 2638.501(b)(1), 5019 ( c )), 603, and OGE Regulations. Provision 4 was found consistent with 5 C.F.R. § 2635.107(b).
Provision 5 was found inconsistent with 5 C.F.R. § 403(b). Provision 6, 7, 8, and 9 were found inconsistent with 5 C.F.R. §§ 2634.605(b) and 2635.403(b). Provision 10 was found inconsistent with 5 C.F.R. § 2634.605(b)(4). Provision 11 was found inconsistent with 5 C.F.R. § 2634.1002(b). Provision 12 was found inconsistent with 5 C.F.R. §§ 2634.802(b) and 2634.1002(b)(1)(A)